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Wed 22 Jun, 2005 03:53 am
Heres the story, I'm gonna try and make it short. I gave my roommate $300 cash to go and pay this dude for my mattress while I was out of town. To make a long story short, she never paid the guy and just took my cash, then denied it until I finally figured out she plain took it.
This was about the 500th thing that has happened since we moved it together less than a month ago. She stole my digital camera, she blows her paychecks on clothes then expects me to pay for food, etc, shes lied to me about big things on multiple occasions, and thats not even the HALF of it.
I can't take this anymore, and Im moving back home to California (I'm currently living with psycho roommate in Washington).
Heres my question, can I leave her with no rent money and no roommate? Just leave her high and dry and make it her responsibility to cover rent or find a new roommate? When we moved in, I wasnt there to sign the paperwork and while my name is on the lease as one of the tenants, I NEVER SIGNED ANYTHING. My dad was the co-signer for our apartment, but he never faxed his paperwork back so he never signed anything either. Legally (not morally) I can leave here and leave her to deal with the apartment, correct?
No idea but from what Ive read she deserves to be left high and dry and i hope you get your money back/camera etc!!
Good luck.
will someone PLEASE help me? i know there are people here who know these laws. please, help me out.
Do you have a copy of the lease?
Is she the named tenant?
or are you both the named tenants? Because I think if you are named as a tenant that you are responsible for a share of the rent, even if you didn't sign the lease (this could be construed as a verbal agreement on your part).
How come you never signed the lease later?
Or did she sign on behalf of you?
Did the landlord do a credit check on you or your father as the co-signer?
Even if your landlord did not get back the signed document from your dad, did your Dad complete an application or form and provide the landlord with his SSN and other financial information?
You really need a copy of the lease to see if you have to send the landlord something in writing to say you are breaking the lease. If you don't square it with the landlord I'd be afraid he could ruin you or your dads credit.
Debra Law is good with Q's like these.
Landlord-Tenant
Quote:Rental Agreement
When a landlord and tenant agree to the terms for the rental of property, whether orally or in writing, a tenancy is created. The agreement between the landlord and tenant governing the tenancy is called a lease or a rental agreement. It establishes a tenant's right to use property for a specified length of time in exchange for payment of rent. The property owner is called the "landlord" or the "lessor." The person who is entitled to occupy property is called the "tenant" or "lessee."
As with any contract, the rental agreement should be in writing to avoid misunderstandings and should contain all of the terms agreed to by the parties. Before you enter into a rental agreement, you should read it carefully and discuss all of the terms and make sure any questions you have are answered. Any changes to the lease should be marked on the document and initialed by both parties.
The most common type of tenancy is a periodic tenancy, for example, a week-to-week or month-to-month tenancy. A periodic tenancy is automatically renewed unless either the landlord or the tenant gives written notice to terminate the tenancy at least 20 days prior to the end of the month. The tenancy cannot be terminated in the middle of any month unless the landlord agrees. Similarly, the landlord cannot terminate the tenancy except at the end of the month and only after twenty 20 days' prior written notice to the tenant.
Another type of tenancy, usually called a "tenancy for a specific term," is for a definite period of time, for example, a lease for one year. This type of agreement must be in writing and, if for longer than a one-year term, the signatures of the landlord and tenant must be notarized. The tenancy automatically terminates at the end of the specified rental period. Neither the rent nor the other rules of the tenancy may be changed during the specified period, except by agreement of both the landlord and the tenant. Except in particular circumstances like a major breach of the lease by the landlord, the tenant cannot break a lease.
http://www.wsba.org/media/publications/pamphlets/landlord-tenant.htm
Inasmuch as you did not sign a written lease obligating you to a tenancy for a specific term, it is most likely that you have a periodic month-to-month tenancy (meaning you pay rent on a monthly basis). Advise your roommate that you're moving out and give your required notice (in writing) to your landlord. You might also want to provide your landlord with a copy of the Washington State Bar Association's webpage with respect to Landlord-Tenant that specifically sets forth that a lease for a specific term MUST BE IN WRITING. Because the landlord does not have your signature on a written lease, the landlord must accept your notice and has no legal basis for holding you responsible for additional rent payments.
We entered a 9 month lease. It wasnt intentional that I didn't sign it, I just wasn't there when my (now ex) roommate signed it. My dad was supposed to be our co-signer but he hadn't faxed the papers back yet, and when I told him I wanted to move home because of the psychotic roommate, he said he just wouldn't sign the papers. So he sent them back unsigned. My name IS on the lease, I just never signed it. He is named as the co signer but he NEVER signed anything. She is now threatening to sue me. Does she have a good case? She's saying we both intended to sign it which is grounds for her to legally obtain the money from us. She called today and told me I owe her $1600 for my share of the bills. $1000 termination fee, my share of the rent and a cable bill. All of which, supposedly, will be split in half. I don't know what I'm supposed to do
Did you sub-lease from her or did you talk directly with the landlord yourself?
If your arrangement was with the landlord then there is nothing for her to sue you for. The only person that would be able to sue you would be the landlord and without a signed lease there isn't much of a case.
Even if you sub-leased from her there is nothing in writing a state law trumps her wishes - no signed lease means you are a tenant-at-will. 20 days notice is all you are legally required to provide and she'd have no legal grounds for action.
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